Planning Commission

RECORD OF PROCEEDINGS OF THE PLANNING COMMISSION CITY OF BELLINGHAM, WASHINGTON THURSDAY PUBLIC MEETING 7:00 P.M. June 4, 2015 CITY COUNCIL CHAMBERS Video-taped www.cob.org CALL TO ORDER: The meeting was called to order by Ali Taysi, Chairman of the Planning Commission. ROLL CALL: Tom Grinstad, Jeff Brown, Garrett O'Brien (VC), Ali Taysi (C), Phyllis McKee, Steve Crooks and Cerise Noah Present: Ali Taysi, Tom Grinstad, Jeff Brown, Steve Crooks and Phyllis McKee, Absent: Garrett O'Brien and Cerise Noah Staff Present: Rick Sepler, PCDD Director; Kurt Nabbefeld, Senior Planner; Steve Sundin, Planner II; Kim Weil, Environmental Planner; and Heather Aven, Recording Secretary. APPROVAL OF MINUTES None to approve. 15 MINUTE PUBLIC COMMENT PERIOD Clayton Petree provided comments on the UGA boundary and population / employment forecast recommendation that the Commission will be considering next week. He expressed concern about some of the information presented in the June 11, 2015 staff report. He shared some statistics and noted that the drastic drop in the population forecast that staff is now recommending is not consistent with the historical growth patterns realized over the years. He pointed out that Bellingham plays an important role in attracting people to urban environments. WORK SESSION Continued discussion on the proposed amendments to the Critical Areas Ordinance. STAFF PRESENTATION Steve Sundin explained that an addendum to the SEPA Determination will be prepared after all of the directives have been provided to staff. He noted that the public would have an opportunity to comment on the addendum prior to the public hearing on this item. He reviewed staff's responses to the questions that were asked by the Commissioners at the end of the January 15, 2015 public hearing (Exhibit 1). Kim Weil spoke on the Best Available Science Memorandum (Exhibit 2). Staff reviewed the comment tracker (Attachment 1) and referenced Attachment 2 when new language was being proposed in response to the comment. Final Copy - 1 The following comments were discussed in more detail:  #8 - Commission wanted to know why a public stakeholder group wasn’t formed. o Staff stated that it was always the intent to provide for public participation during the process, as has been the case through written comment, work sessions and the upcoming public hearing. Staff explained that they did not feel the scope of the project warranted a separate focus group at the beginning of the process. o Commissioner Brown noted the concern about the scoping of the update and the overall outcomes and impacts associated with the limited review of the Critical Areas Ordinance.  Rick Sepler explained that at this time, the purpose of the update is to ensure the ordinance is up-to-date with best available science and the regulations are current with what has been currently adopted in the Bellingham Municipal Code (BMC). He also stated that in 2016 the CAO will need to be reviewed along with the Stormwater regulations, and the scope of work may be broadened at that time.  Steve Sundin also noted that the Shoreline Master Plan update will be coming forward in the next few years, which will include another opportunity to review the CAO.  Commissioner Taysi pointed out that the Comprehensive Plan update may include changes to the Environmental Chapter, which could provide more opportunities to review the CAO in the near future.  #9 - Staff referred to Attachment 2 (BMC16.55.080C.4 and BMC16.55.130). General consensus of agreement for the change.  #10 - Staff referred to Attachment 2 (BMC16.55.330B). General consensus of agreement for the change.  #16 - Staff referred to Attachment 2 (BMC16.55.040E.1, BMC16.55.085B and BMC16.55.500B). General consensus of agreement for the changes.  #21 - Staff referred to Attachment 2 (BMC16.55.080B, BMC16.55.080D). General consensus of agreement for the changes.  #21 (cont.) Staff spoke to the language that the Department of Ecology strongly suggested be used for BMC16.55.270B.1 and BMC16.55.270B.2. o There was concern expressed amongst the Commission about this change for category III and IV wetlands and how it will impact development on affected lands. o Staff pointed out that very few of the category III and IV wetlands are exempt under the current regulations, so it will not be a very big impact. It was also explained that those wetlands that were deemed exempt by the City, were still regulated through the Department of Ecology or the Army Corp of Engineers. Staff indicated that the impacts have not yet been analyzed. o General consensus of agreement for the change, due to the fact it is the Department of Ecology making the recommendation.  #21 (cont.) Staff referred to Attachment 2 (BMC16.55.350A.1 and BMC16.55.350), as well as the slightly revised language under BMC16.55.340B. General consensus of agreement for the changes. Final Copy - 2  o There was a discussion about how the ratios are different when using a mitigation bank, and it was suggested that language be included in this section to clarify the difference in the ratio options.  #27 - Staff referred to Attachment 2 (BMC16.55.085B.1 and BMC16.55.310G) General consensus of agreement for the change. <BREAK - 10 MINS> Staff reviewed Attachment 1 (staff responses to Futurewise, G. Middaugh and Department of Ecology's track changes and letters) and the remaining language changes in Attachment 2. It was also stated that the most recent comments will be responded to at the next meeting. PUBLIC COMMENTS Brian Jones commented on the potential mitigation issues that will be the result of including the language suggested by the Department of Ecology related to the category III and IV wetlands. COMMISSION QUESTIONS / DISCUSSION MOTION: Steve Crooks / Jeff Brown moved to recommend that the proposed changes in Attachment 2, and the language regarding mitigation banking ratios suggested by Commissioner Taysi, be included in the Critical Areas Ordinance update. AMENDMENT: Ali Taysi / Phyllis McKee recommended that the Critical Areas Ordinance updates be brought back before the Commission through the public hearing process. VOTE: Motion Passes (5-0). VOTE: Motion Passes (5-0) OLD / NEW BUSINESS Director's Report - Rick Sepler announced June 11th meeting. NEXT MEETING: June 11, 2015 - Public Hearing to continue the discussion regarding the key issues relevant to the development of a UGA boundary recommendation. ADJOURNED: 9:15 p.m. Minutes prepared by: _____________________________ Heather Aven, Recording Secretary Minutes edited by Planning Commission members and various Planning Staff. Final Copy - 3